Product Exclusion Requests for China Section 301 List # 3


The deadline for requesting product exclusions under the China Section 301 Sanctions, Lists # 1 and #2, passed in Q4 of 2018. 

 The U.S. Trade Representative has announced that the public comment period for product exclusion requests for merchandise described or classified in List # 3 ends on June 7, 2019.  The Federal Register notice attached includes detailed information and the 301 Exclusion Request Form.  The exclusion request filing period is expected to begin in late June or early July, but an official announcement will be made at a later date. 

 Up to 60,000 new exclusion request filings are expected.  Thus, it is highly recommended to start preparing the requests and be ready to file them as early as possible since it may take the office of the U.S. Trade Representative (USTR) a long time to reach their decision and publish it.   

The USTR ‘Frequently Asked Questions’ web page includes the following relevant information:

·          Interested persons, including trade associations, are invited to submit request for exclusions

·         Each request is evaluated on a case-by-case basis taking into account whether the exclusion would undermine the objective of the Section 301 investigation. 

·         Granted exclusions apply retroactively to the date the additional duties were imposed and are usually in effect for one year after the publication of the exclusion determination in the Federal Register. 

·         Granted exclusions are not tied to particular producers or exporters that requested them, but they apply to the particular products covered by them.  

·         Exclusion decisions are final and requesting parties cannot appeal the decision. 

·         If sanctions are still in effect, the USTR will issue guidance regarding further renewals.

If you do not have an established relationship with a trade attorney that handles your Section 301 product exclusion requests, pleases contact us and we will be glad to refer and introduce you to some of the most prominent and reputable law firms in the country.